Four million cases of childhood asthma could be caused by air pollution from traffic – around 13% of those diagnosed each year, a global study suggests. Read more here.
Tag: health
By Sharon Franklin.
For nearly a decade, Michelle and Gary Erb lived on a rustic, 72-acre plot of land east of the Susquehanna River in Lancaster County, Pennsylvania and then it became a construction site for a pipeline that can move 1.7 billion cubic feet of natural gas every day. The Erbs soon found out that Transcontinental Gas Pipe Line Company (Transco), a wholly owned subsidiary of the $8.6 billion energy-infrastructure titan Williams, demanded access to the their land to enable it to build the 200-mile Atlantic Sunrise pipeline that expands the nation’s largest natural-gas pipeline system to the Marcellus Shale. As reported by Nick Sibilla Senior Contributor Forbes Magazine https://www.forbes.com/sites/nicksibilla/2019/03/18/homeowners-take-fight-against-gas-pipeline-land-grab-to-u-s-supreme-court/#3e3e3a406fd5.
As with most eminent domain cases like the Erbs, Transco offered to pay for a six-acre easement. When they declined, Transco authorized eminent domain claim and forced the Erbs to hand over the property anyway. Now after having their land dug up, and more than a year and a half later, the Erbs still haven’t seen a dime for their land from Transco.
The Erbs say“The system as it stands right now is very unfair and very unethical; it is very un-American,” “Right now the gas line companies are just steamrolling over private landowners and taking whatever they want, whenever they want it and with no restrictions by the courts.” The Erbs have felt this judicial steamrolling up close and personal. Even though the The U.S. Third Circuit Court of Appeals ruled that because Transco “already had the substantive right to possession,” due to its Federal Energy Regulatory Commission (FERC) certificate, which granted Transco preliminary injunction for immediate possession “merely hastened the enforcement of the substantive right—it did not create any new rights.” In other words, “the only question was ‘the timing of the possession.’”
The Erbs fought back with the assistance of the Institute for Justice, and countered in its cert petition, “An entitlement to possess land now is substantively different from an entitlement to possess land in the future.” In a standard eminent domain case, “the condemnor or Transco has the option to either purchase the property at the adjudicated price or move to dismiss the condemnation.” After all, Transco may decide to walk away from the property if they’re unwilling to pay the just compensation determined by the court, and the court’s injunction did actually alter the rights of the Erbs in a substantial way:
The Erbs and the Institute of Justice cited, that prior to the entry of the preliminary injunctions, petitioners had the right to exclude Transcontinental and its agents from their land. After the entry of the preliminary injunctions, the company had the right to exclude petitioners from the land. The right to exclude is, as [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the Supreme Court] has held time and again, one of the most important substantive aspects of property ownership.”
Many Circuit Courts throughout the United states have conflicting ruling on this issue, and ultimately, only the Supreme Court can resolve this important question. Protecting private property rights shouldn’t be a pipe dream.
Gary Urb sums it up “Transco is taking advantage of a broken system with the lower courts rubber-stamping what the pipeline companies are doing. “Our fight is about more than just our property. It is a fight for everyone that can’t fight.”
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CHEJ was involved in three of the United States field Tribunals in Athens and Youngstown, Ohio and in Charlottesville, VA. Lois Marie Gibbs served as a Juror in all three field Tribunals. These field hearings provided the basic information for the large Tribunal held in Oregon. This is an incredible victory which provides yet a new tool in the tool box for communities to fight back against Fracking.
The Permanent Peoples’ Tribunal released its Advisory Opinion, recommending a worldwide ban on hydraulic fracturing, the extreme oil and gas extraction technique known as ‘fracking.’ The Tribunal found that the materials, and infrastructure of fracking inherently and necessarily violate human rights. The specific rights violated include the rights to life, to water, to full information and participation, and especially the rights of indigenous people, women and children. Governments have an affirmative obligation to protect the rights of their citizens, according to internationally recognized human-rights Covenants and Declarations. When governments fail to adequately regulate harmful oil and gas industry practices, they fail to meet their human rights obligations. And when governments fail to take measures to prevent the advance of climate change and its impacts on the rights to life, liberty, and security, they are failing to meet their internationally recognized human-rights obligations. Widespread government failures have created a global “axis of betrayal,” according to the international court, in which governments and fossil-fuel industries collude – at great cost to people and the planet – in human-rights violations to their mutual profit.
The Special Session was conducted for five days in May of 2018. Four Preliminary tribunals had been conducted in the months prior to the Plenary hearings. The Pre-tribunals included rich oral testimony from Australia, the US states of Ohio and Virginia, and other places, supporting documentation, and findings from those Pre-tribunal’s local judges. All materials and reports from those Pre-tribunal hearings, all the Plenary session’s oral testimony and arguments, all Plenary session reports, amicus curiae briefs and full documentation are available, in both video and text formats, on the website for the Permanent Peoples’ Tribunal Session on Human Rights, Fracking and Climate Change. The full text of the Opinion is attached. It is also available on the website for the PPT Session on Human Rights, Fracking and Climate Change and on the Jurisprudence page of the Permanent Peoples’ Tribunal website at their headquarters in Rome.
Deep gratitude to all who have taken this long journey with us to get this opinion finalized, and contributed in big and small ways along the way! Now the work of getting these important findings out to the world begins….
Peace and Blessings,
~Simona
Simona L. Perry, PhD
Cell 240 599 6655
Google Phone USA +1 912 289 1158
For years, Diane Wilson has tried to get Formosa Plastics Corp. to stop discharging plastic pellets from its sprawling petrochemical complex on the Central Texas coast. This week, she’s getting her day in court. Read more ...
Harris County has sued Intercontinental Terminals Co. for failing to prevent a massive chemical fire that burned for more than 60 hours last week and spewed an unknown volume of hazardous chemicals into the air and nearby waterways. Read more …
Pollution, much like wealth, is not distributed equally in the United States. Read more
A massive fire at a fuels storage company along the Houston Ship Channel may burn for two more days, an official said on Monday as the blaze spread a plume of black smoke across the city, shutting schools in two nearby communities. Read more
An examination of monitoring data available for the first time concludes that 91 percent of U.S. coal-fired power plants with monitoring data are contaminating groundwater with unsafe levels of toxic pollutants. Read more here
International Women’s Day adopted in 1975 by the United Nations. Today, CHEJ is honoring and celebrating an extraordinary women Janet Marsh Zeller who changed our world and made the lives of so many safer, healthier and joyful.
“One person speaking alone may not be heard, but many people speaking with one voice cannot be ignored.“- Janet Marsh
In 1984, when the Department of Energy announced that Ashe County, NC, was being considered as the site of a high-level nuclear waste dump, Janet Marsh organized her friends and neighbors, holding the first meetings at the Holy Trinity Church of what would become the Blue Ridge Environmental Defense League. At the time, she was raising young children and farming in Glendale Springs, and shared concerns about the Federal Government’s plans with other parents, farmers, teachers and merchants in the area. A study group was formed, and the example that has served as the model for BREDL and its chapters was born. Janet served as BREDL’s Executive Director for over two decades, 1986 until 2012. From July 2012 until her death, Janet acted as strategic adviser to the BREDL Board Executive Committee.
In her early adult life, Janet was a successful teacher and a rising star in the educational establishment of North Carolina. Blinded by a congenital disorder in her twenties, Janet’s career was cut short. Nevertheless, she founded the Blue Ridge Environmental Defense League to fight a national nuclear waste dump near her home in the Blue Ridge Mountains. The community group was successful in stopping the dump, and the fight brought together the founding members of BREDL. The principal organizers, recognizing an ongoing need, stayed together to form a 501(c)3 nonprofit. The community organizing strategies, vision, and tactics which helped win BREDL’s first victory guide us today. Today BREDL is a league of more than fifty community-based chapters serving the Southeast with the founding principles of earth stewardship, public health protection, environmental democracy and social justice.
A woman who shouldered much responsibility without fanfare, Janet poured herself into the organization she founded. Under Janet’s leadership, BREDL received numerous awards and accolades including the Sierra Club Legal Defense Fund National Award for Environmental Activism in 1989, CHEJ National Award for Outstanding Work in 1993, the NC Governor’s Conservation Achievement Award for air quality protection in 1999, and the Bob Sheldon award in 2014, in honor of BREDL’s thirtieth anniversary.
In December 1988, the Winston-Salem Journal featured Janet in the paper’s Tarheel Sketch series. In the article, she stated “We think in the short term. We think of the quarterly ledger sheets or of the next sales profit – but not of the consequences of our actions.” Janet was also featured in an article in The Independent from the December 19, 1986-January 15, 1987 edition. That article was titled “She has the vision to see we can live without fear”. Sandy Adair, the BREDL administrator at the time, had this to say about Janet: “Her mind is like a steel trap, as far as reading official documents and reading between the lines. She sees shortcomings and she sees places where they’ve tried to gloss over an issue. She can see the empty loopholes.” Most recently, an interview with Janet appeared in the May 2014 issue of All About Women, a lifestyle magazine that recognizes women in leadership in the high country of western North Carolina.
Janet was a role model to many activists and organizers in the environmental justice movement. She served on the board for the Center for Health, Environment, and Justice, and achieved countless grassroots victories through her work with BREDL. Janet’s words and work will continue to inspire people with her belief that, “One person speaking alone may not be heard, but many people speaking with one voice cannot be ignored.”- Janet Marsh
The BREDL family, Center for Health, Environment & Justice and communities throughout the Southeast have lost a true friend and advocate.
State and federal officials have known about the shipments from the Netherlands to Fayetteville for at least a year but never told the public. Read more here